Receiving a bill drawn on the treasury for the compensation amount is equivalent to receiving the payment, barring the right to make an application for reference under Section 18 of the Land Acquisition Act, 1894.

( 1 ) THIS is an application for the issue of a Writ of mandamus directing the Special Deputy Collector for Land acquisition. Puttur, to refer the applicants case to the Court under Section 18 (1) of the Land Acquisition Act, 1894, (Act 1 of 1894 ).

( 2 ) THE facts and circumstances leading to the filing of this application are briefly these: An extent of Ac. 4-70 cents of land in Satrawada village in Puttur Taluk was acquired for a public purpose. The land acquisition officer awarded compensation to the petitioner and another. for the petitioners share he awarded Rs. 13,177-49 Np. A sum of Rupees 1,395-27 Nps. was awarded to the other person who had interest in the land. The award was pass0 after due enquiry. The petitioner received the bill drawn on the treasury for the amount payable to him the same day at 10-30 A. M. , without protest. Later at 3-30 P. M. he appeared before the Land Acquisition Officer and filed a petition disputing the amount of compensation awarded to him and requiring the matter to be referred for determination by the Court. In the petition filed by him he represented that he had in fact received the bill for the amount due to him under protest. But that was an incorrect statement. The land acquisition officer rejected the application under the proviso to Section 31 (2) for the reason that having received the bill for the amount without protest, he was not entitled to make an application for referring his case to the Court. The petitioner has therefore, applied to this Court. It would appear that he petitioner cashed the bill on 18-7-60.

( 3 ) IN support of this petition, it is urged for the petitioner that receiving the bill drawn on the treasury for the amount of compensation awarded is not the same as receiving this amount, and so the petitioner was not disentitled to make an application requiring reference. We may read the relevant provision. Section 31, in so far as it is relevant, here. "31. (1) On making an award under Section 11 the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless presented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any disputes to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under Section 18 would be submitted. Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount. Provided also that I1o has received the amount otherwise than under protest shall be entitled to make any application under Section 18. " (The rest of the provision is not necessary for purpose of this petition ).

( 4 ) READING these provisions, it is manifest that the Collector, which term, as defined under the Act, includes the Land Acquisition Officer specifically appointed by the Government to perform the functions of the Collector under the Act, shall make an award under Section 11 and tender payment of the compensation unless the person or persons interested shall not consent to receive the payment. The person interested might also receive such payment under protest as to the sufficiency of the amount. If the payment is refused, then the Collector shall deposit the amount in the Court to which a reference will be submitted. It is also provided that where the person interested received payment without protest, he shall not be entitled to make an application requiring a reference. The Land Acquisition Officer in his case rejected the application under the second proviso.

( 5 ) THE contention before us in that the proviso is attracted only when the person interested receives the amount and not merely the bill on the treasury for the amount awarded. T